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ATƏT-in Bakı Ofisi

_{Qanunun Aliliyi və İnsan Hüquqları Şöbəsi}

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_Foreword

Dear reader,
The main objective of the booklet titled “Applying to Court: Rules and Procedure” is to provide you with information that you can apply in practice when filing a claim with the Azerbaijani courts.
The Constitution of the Republic of Azerbaijan guarantees the right of every person to defend one’s rights and freedoms in the courts of Law. Article 60 of the Constitution reads:
I Legal protection of rights and liberties of every citizen is ensured.
II. Everyone may appeal to a court of Law regarding decisions and activities or inactions of state bodies, political parties, trade unions and other public organizations or officials.

This booklet is aimed at guiding you through the process of bringing your case before a court of Law. You will get familiar with the Azerbaijani court system, the rules on how to bring your case to the first instance courts, as well as the important role legal representatives play in advising you throughout the process of submitting civil and administrative claims to the court.

Further, the booklet explains the steps that you need to take if you are not satisfied with the decision of the first instance court and would like to challenge it before higher instance courts, such as the Appeal Courts and the Supreme Court of the Republic of Azerbaijan.
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The booklet also contains the procedure to file an individual complaint with the Constitutional Court of the Republic of Azerbaijan.

On 25 January 2001 Azerbaijan became a member of the Council of Europe. The European Convention on Human Rights and Fundamental Freedoms (the Convention) entered into force in Azerbaijan on 15 April 2002. The right to apply to the European Court of Human Rights (ECtHR) under Article 34 of the Convention emerged since then. The rules and procedure on how to apply to the ECtHR are also briefly included in the booklet.
Finally, the last chapter of the booklet is devoted to the OSCE supported Legal Resource Centers providing free legal advice to the people and training for legal professionals in Sumgait, Ganja, Lankaran and Sheki.
We hope you will find the updated version of this booklet useful, and we welcome any questions or comments that you may have.